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Alliance for the Wild Rockies v. Reilly

Citation: 154 F. App'x 7Docket: No. 04-35831; D.C. No. CV-03-00085-SEH

Court: Court of Appeals for the Ninth Circuit; November 1, 2005; Federal Appellate Court

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Plaintiff-Appellants, including the Native Ecosystems Council, Alliance for the Wild Rockies, and the Ecology Center, appealed a district court's summary judgment favoring Defendant-Appellees, the United States Forest Service and its officials. The plaintiffs contested the Beaverhead-Deerlodge Forest Post Fire Project, initiated in response to summer 2000 fires in the Beaverhead-Deerlodge National Forest, claiming violations of several environmental laws, including the National Environmental Policy Act, the Clean Water Act, the National Forest Management Act, and the Endangered Species Act, and sought injunctive relief.

Following the lawsuit, the Forest Service withdrew the Post Fire Project, expressing concerns over its legality in light of recent Ninth Circuit rulings and indicated that any future post-fire restoration efforts would undergo agency and judicial review. The district court dismissed the case as moot, asserting that a lawsuit for injunctive relief typically becomes moot when the challenged conduct ceases. The appellate review confirmed this, noting that since the Record of Decision for the Post Fire Project has been permanently withdrawn, there is no final decision available for review, and thus no remedy for the alleged issues. The district court did not assess the merits of the plaintiffs' claims, leaving no legal or factual determinations to address. The appellate court affirmed the district court's decision, stating the disposition is not for publication and cannot be cited in future cases, in accordance with 9th Cir. R. 36-3.